Joanne Frances Guarasci

The Applicant sought costs of approximately $56,000, while the Respondent proposed costs based on her actual expenses of about $44,000.

The Applicant was successful in the underlying case, which concerned the relocation of children, an issue the Respondent had conceded two years prior.

The court awarded the Applicant $40,000 in costs, representing almost full indemnity, to be paid by the Respondent.

Following separation and a separation agreement, the parties resolved most issues except child support adjustments and section 7 special or extraordinary expenses for the child’s soccer and hockey activities.

The court interpreted the separation agreement as requiring annual child support adjustments prospectively, with no provision for retroactive payments.

The court considered whether the claimed sports-related expenses qualified as extraordinary expenses under s. 7(1.1) of the Child Support Guidelines.

It held that expenses exceeding basic fees, including equipment, travel, accommodation, and meals associated with competitive participation, could qualify as s. 7 extraordinary expenses.

These expenses were to be shared proportionately based on the parties’ respective incomes.